Gary Medlin
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Can my driver’s license be suspended after a DWI arrest in Texas? Well, yes it can, but it may not. Here’s the mistake that a lot of people make. When the officer’s telling them that, “I might question about your breath, and if you refuse, then your license may be suspended for six months.”

Well, that’s what they do to try to coerce people into submitting to a breath or blood test, but this is kind of buried within the warning in there. It’s something that you’re not gonna hear or understand, especially under the circumstances, and the stress, and the nervousness because it is confusing.

But a person has a right to a hearing on whether or not their license will be suspended for allegedly refusing a breath or blood test in Texas. You can refuse that breath or blood test, and your license still may not be suspended if a hearing is demanded timely.

Now, usually, when a person is arrested for DWI and they refuse a breath or blood test, they get a notice of suspension. That notice of suspension states that their license is gonna be suspended, effective 40 days after the day of the arrest. It’s not suspended for 40 days, even if it ever is suspended. But, it also tells the person that they have a right to a hearing as long as that hearing is demanded within 15 days of the date of the arrest.

That hearing can often be won so that the license is not suspended. Even if the license is suspended, then it’s possible to get an occupational license issued to cover that period of suspension. So, you can still get to work on the essential things.

It’s best to refuse even though there may be a risk of suspension. Also, if you don’t refuse, you may get the suspension anyway if the test is over 0.08. If that happens, then your license can be suspended for failing the test. So, always refuse and then demand the hearing, and that hearing can possibly be won.

If that hearing is won, then you get your license back without having to go through the suspension period or pay the reinstatement fee. Also, it’s important to exercise that right to the hearing because, at that hearing, it’s possible to cross-examine the arresting officer at a time when that officer’s not been coached by the prosecutor. So, the officer can be pinned down on issues that may ultimately allow the case to be won, or the case to be thrown out, or evidence to be ruled inadmissible.

It’s important to refuse the test, to demand the hearing, to try to win that hearing and to use that hearing as a chance to cross-examine the arresting officer.

So, even though it’s possible for a person licensed to be suspended after a DWI arrest. It’s possible if they refuse or even if they consent and fail a test, it’s always best to refuse and then demand the hearing and try to win that hearing.


Your driver’s license can be suspended after a DWI arrest in Texas, especially if you refuse a breath or blood test. However, it’s crucial to know that you have the right to a hearing, and if demanded timely, you can avoid license suspension. It’s recommended to refuse the test, demand a hearing, and use this opportunity to cross-examine the arresting officer. 

**Over 96 Years Of Combined Criminal Defense And Immigration Law Experience** ** Board Certified in Criminal Law, Texas Board of Legal Specialization, since 1989** **Award Winning Immigration Law Firm** Our law firm in Dallas Texas is driven with one simple goal in mind and that is to deliver the best possible result on every case we represent. We know that for every criminal case that we pursue, there is a human being that is dependent on us for defending his or her rights, freedom, and future well-being. This type of understanding is the foundation of any successful attorney-client relationship. Everyone should be deserving of a lawyer that they feel comfortable working with. You need someone by your side, who knows and understands the sum and substance of the Texas criminal justice system, and who is familiar with the courts, judges, prosecutors, and clerks in the various jurisdictions of the state of Texas. We are committed 110% to be that firm for you! Selection of your criminal defense counsel should be a careful and thorough process. You need and deserve a highly experienced and devoted advocate that you can rely on to protect your rights and your future. Our team of defense lawyers at The Medlin Law Firm will always give you honest answers to your questions and will dedicate the time that is needed in order to properly outline your defense strategy and possible scenarios of resolution. When you hire our firm, we get to work right away on uncovering and investigating every single detail of your case and the charges you are facing. We know what it takes to build a strong defense on your behalf. Our philosophy in handling each and every new criminal case is to prepare for the worst, but expect the best from the get-go; therefore, we look to dismiss every case if possible, but won’t hesitate to escalate to trial if it serves your best interests. We prepare for each criminal case by planning multiple possibilities and courses of action, so that when your case unfolds, we are in an optimal position to choose the best and most beneficial resolution. Working with The Medlin Law firm means you are always informed and involved at every step of the process. In over 34 years of criminal law practice, Gary Medlin has handled criminal matters of every type and has successfully defended thousands of criminal cases in the state of Texas. His experience practicing on both sides of Texas state and federal criminal law cases offers a significant advantage to his clients. Before becoming a criminal defense attorney, Gary Medlin served as assistant district attorney for over 8 years, prosecuting criminal charges against those accused of breaking the law. Today, this experience gives him invaluable insight into how prosecutors prepare cases against the firm’s clients. He knows the prosecution’s priorities as well as their pressure points, and as a result, is much more resourceful and effective in the preparation and defense of his client’s cases. For the past several decades, Gary has been a highly regarded and trusted Texas criminal defense lawyer. He is Board Certified in Criminal Law as designated by the Texas Board of Legal Specialization, a distinction achieved by only 10% of criminal defense attorneys in the state of Texas. AREAS OF PRACTICE: • Criminal Law • Immigration Law CERTIFICATIONS/SPECIALTIES: • Board Certified in Criminal Law, Texas Board of Legal Specialization, since 1989 BAR ADMISSIONS: • United States Supreme Court • United States Court of Appeals for the Fifth Circuit • United States District Court, Northern District of Texas • Texas courts by the Supreme Court of the State of Texas PROFESSIONAL ASSOCIATIONS & MEMBERSHIPS: • Tarrant County Bar Association • Tarrant County Criminal Defense Lawyers Association (Immediate Past President) • DUI Defense Lawyers Association (Founding Member) • Texas DWI Defense Lawyers Association (Founding Member) • State Bar of Texas • Texas Criminal Defense Lawyers Association • National Association of Criminal Defense Lawyers • National College for DUI Defense EDUCATION: • Texas Tech University, Bachelor of Science 1979 • Texas Tech University School of Law, Juris Doctorate 1982 • State Bar of Texas Licensed: 1983 CRIMINAL CASES WE HAVE EXTENSIVE EXPERIENCE IN REPRESENTING AT BOTH THE STATE & FEDERAL LEVELS: • DWI & DUI Offenses • Assault/Battery Charges • Domestic Violence • Murder/Manslaughter • Drug Crimes • Weapons Offenses • Violent Crimes • Theft/Burglary/Shoplifting • Arson • Bribery • White Collar Crimes • Conspiracy • Cyber Crimes • Embezzlement • Forgery • Sexual Offense Crimes • Trespass • Vandalism IMMIGRATION • Visa • Green Card • Citizenship • Deportation Services List • Criminal Defense - All Levels - All Case Types • Individualized DWI Defense & Hearing to Save Your License (ALR) • Extensive Experience in Jury Trails, Obtaining Dismissals, Reductions & More • Motions to Suppress, Occupational License to Cover Periods of Suspension • Obtaining Jury Acquittals at Every Level of Crime Including Capital Murder, Intoxication Manslaughter & DWI (Past Performance is No Guarantee of Future Results) • Immigration - Visa - Green Card - Citizenship - Deportation Amenities • Bonds Free for Clients • Frequent Speaker On DWI, ALR, and Other Criminal Law Matters • Admitted to the United States Supreme Court, U.S. Dist. Ct.-Northern Dist. TX., U.S. Ct. of Appeals-5th Circuit • Member, College of State Bar of Texas, National Association of Criminal Defense Lawyers • Former Tarrant County Assistant District Attorney The Medlin Law Firm - Dallas 2550 Pacific Ave #866 Dallas, TX 75226 (214) 888-4810 - Contact Gary at  
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